Sec.  27.14   Construction requirements; Criteria for comparative renewal
proceedings.

   

   (a) AWS and WCS licensees must make a showing of "substantial service"
   in their license area within the prescribed license term set forth in
   Sec. 27.13. "Substantial" service is defined as service which is sound,
   favorable, and substantially above a level of mediocre service which
   just might minimally warrant renewal. Failure by any licensee to meet
   this requirement will result in forfeiture of the license and the
   licensee will be ineligible to regain it.

   (b) A renewal applicant involved in a comparative renewal proceeding
   shall receive a preference, commonly referred to as a renewal
   expectancy, which is the most important comparative factor to be
   considered in the proceeding, if its past record for the relevant
   license period demonstrates that:

   (1) The renewal applicant has provided "substantial" service during
   its past license term; and

   (2) The renewal applicant has substantially complied with applicable
   FCC rules, policies and the Communications Act of 1934, as amended.

   (c) In order to establish its right to a renewal expectancy, a WCS
   renewal applicant involved in a comparative renewal proceeding must
   submit a showing explaining why it should receive a renewal
   expectancy. At a minimum, this showing must include:

   (1) A description of its current service in terms of geographic
   coverage and population served;

   (2) An explanation of its record of expansion, including a timetable
   of new construction to meet changes in demand for service;

   (3) A description of its investments in its WCS system; and

   (4) Copies of all FCC orders finding the licensee to have violated the
   Communications Act or any FCC rule or policy; and a list of any
   pending proceedings that relate to any matter described in this
   paragraph.

   (d) In making its showing of entitlement to a renewal expectancy, a
   renewal applicant may claim credit for any system modification
   applications that were pending on the date it filed its renewal
   application. Such credit will not be allowed if the modification
   application is dismissed or denied.

   [ 62 FR 9658 , Mar. 3, 1997, as amended at  65 FR 3146 , Jan. 20, 2000;  69 FR 5715 , Feb. 6, 2004]